User pays but who gets paid? The vexed question of damages for copyright infringement

The long running litigation in New Zealand between Oraka Technologies and Geostel/Napier Tool & Die over copyright in an asparagus grading machine hit the Court of Appeal again late last year on the question of whether a $4.1 million damages award should be set aside, because the company which suffered the damage was not the

Winter is coming, but probably not for online pirates

The Copyright Amendment (Online Infringement) Bill 2015, introduced into parliament by Communications Minister Malcolm Turnbull in March 2015 to curb online piracy of film and TV shows, passed with the Coalition and Labor’s support 37-13. The law amends the Copyright Act and allows content owners to apply to the Federal Court for an injunction blocking an “online location outside Australia” which

ISP forced to hand over details of online pirates

In a first for Australia, a copyright owner has been successful in forcing an internet service provider (ISP) to hand over the contact details of internet account holders of about 4,700 IP addresses that have been identified as having been used to download pirate versions of the movie Dallas Buyers Club.   In Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317,

Does Dallas Buyers Club signal the end of online piracy in Australia?

On 7 April 2015, the Federal Court of Australia published its decision in Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 (“DBC v iiNet”). This case was the first action in Australia by a copyright owner against internet service providers (“ISPs”) for preliminary discovery to obtain the contact details of internet account holders

Online copyright infringement – website blocking injunctions proposed

On 26 March 2015, the Copyright Amendment (Online Infringement) Bill 2015 was introduced into the Australian Parliament. The Bill proposes to give the power to the Federal Court of Australia to grant injunctions to require internet service providers (“ISPs”) to take reasonable steps to disable access to online locations outside Australia that are used to infringe

Eminem has not sued the New Zealand Government for copyright infringement

Unfortunately, the facts sometimes get in the way of a good story. Despite headlines such as “Eminem sues the New Zealand Government” going viral over the past few days, we regret to advise that the reality is not quite so tasty. Neither Eminem, nor as we understand things, his current representatives, have initiated any such

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